TERMINATING A TENANCY
Most tenants in California rent either on a month-to-month basis or pursuant to a lease, which is defined
as a rental agreement for a specific length of time greater than 30 days. The rules differ depending on
which type of rental agreement exists between landlord and tenant.
Month-to-Month Tenancy
Under California state law, a landlord can terminate a month-to-month tenancy by serving a 30-day
written notice if the tenancy has lasted less than one year, or a 60-day notice if the tenancy has lasted
more than one year. For the 60 day notice requirement to apply, all tenants must have lived in the unit
for more than one year. The 60-day notice rule does not apply if the unit is under a sales contract, in
escrow, and the new owner intends to live in the property at least one year.
Regardless of the length of the month-to-month tenancy, the tenant can terminate the relationship by
giving a 30-day written notice. After a tenant or landlord gives a termination notice, it can only be
cancelled with the agreement of both parties, or by a landlord accepting rent for any period beyond the
termination date.
These notices can be given on any day of the month, and the notice period begins to run immediately.
Regardless of when the tenant physically vacates after the notice, the tenant remains responsible for
paying rent during the rest of the notice period unless the apartment is re-rented earlier, or the tenancy is
terminated because of renovation or some other reason that renders the apartment uninhabitable.
Because of this rent obligation, a tenant served with a 60-day notice who wants to vacate earlier should
give his/her own 30 day notice to the landlord.
Neither party needs to give a reason for terminating a tenancy, but a landlord cannot terminate in order
to discriminate against the tenant because of his/her protected status, such as race or disability. Also,
termination cannot be used to retaliate against the tenant for exercising a protected right such as filing a
complaint with a city’s code enforcement office.
The written notice can be served by giving it directly to the tenant, or landlord. If this service cannot be
completed, a copy can be left with an adult member of the household, with a second copy placed in the
mail. Alternatively, it can also be served by using registered or certified mail.
Leases
A lease automatically terminates when its term expires. No notice by either party is required, unless the
lease itself contains a notice clause. However, if the tenant “holds over” by staying after the expiration
date with the landlord’s permission, but without a new lease, the tenancy automatically converts to
month-to-month. The termination rules for month-to-month tenancies will then apply.
Documented victims of domestic violence and members of the armed forces who are re-deployed can
terminate a lease unilaterally by giving a 30-day notice. Economic hardship or other unforeseen changes
are not grounds for early termination without the consent of the other party.